Kenosha, WI Environmental Rules: Erosion Control (2026)
Key Facts
- Permit required
- Before any land-disturbing activity or Building Permit
- Permit duration
- 180 days from issuance
- Cash assurance
- $5,000 for projects of 1+ acre
- Inspection frequency
- At least every 30 days
- Penalty
- $25-$500 forfeiture per day
- Enforcing official
- Director of Public Works (Code Official)
- Appeal fee
- $100 to Committee on Public Works
Summary
Kenosha requires an Erosion Control Permit before any land-disturbing construction activity begins, and no Building Permit will issue without one. The Director of Public Works, acting as Code Official, administers the program under Chapter XXXIII, reviewing site plans and collecting a $5,000 cash assurance on projects disturbing an acre or more.
A. Erosion Control Permits Required. No activity shall occur and no Building Permit may be issued until an Erosion Control Permit is issued by the Code Official. ... G. Cash Assurance. At the time a preliminary grading or mass grading Erosion Control Permit is issued to any project involving one (1) or more acres of land-disturbing construction activity, the landowner shall submit a payment of five thousand dollars ($5,000.00) to guarantee that the conditions of the Erosion Control Permit and this Chapter are being followed as they relate to maintaining the public right-of-way and storm sewer system.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 11 Update 1 | Zoning Ordinance: Supplement 9).
Full Breakdown
10, no land-disturbing activity may occur and no Building Permit may issue until the Code Official issues an Erosion Control Permit. Applicants submit a signed application, an Erosion and Sediment Control Plan meeting Wisconsin DNR/Commerce standards, copies of any other required government approvals, and a construction timetable. Permits run 180 days from issuance, or for the length of the related Building Permit, whichever is longer; a one-year extension is available if work has proceeded in a professional manner, with denials appealable to the Stormwater Utility Committee within 30 days at no fee.
On projects of one acre or more, the landowner must post a $5,000 cash assurance at the time the grading permit issues, used to cover mudtracking cleanup or stormwater damage if the site is not maintained, and replenished if depleted before completion. One- and two-family projects finished between September 15 and May 1 may be rough-graded to prevent runoff but must be finally graded and stabilized no later than the following June 1. The Code Official inspects the site at least once every 30 days during construction, and the permittee must notify the Code Official within 10 days of completing stabilization so a compliance inspection can follow.
Soil stockpiles require prior approval and must be removed or graded to the approved plan by permit expiration or issuance of Temporary Occupancy, whichever comes first. Grass, weeds, and vegetation on the site may not exceed eight inches; the City can perform cleanup itself and specially assess the cost plus a $100 administrative fee.
Violations & Fines
If the Code Official finds noncompliance and the responsible party is unavailable or the violation threatens off-site damage, the City posts a Stop Work Order on the property; the permittee then has 24 hours (or 72 hours if notice is only posted or faxed) to correct the problem before the City may perform the corrective work itself and bill the owner, revoke the permit, or seek a court injunction. Under Section 33.14.C, conviction for any violation of the chapter carries a forfeiture of $25 to $500 per day plus prosecution costs, or up to 6 months in the County Jail in default of payment. Reinspection fees run $90, $180, and $360 for the second, third, and later reinspections.
Frequently Asked Questions
Does Kenosha require a permit to grade or disturb land before construction?
How long is a Kenosha erosion control permit valid?
What is the $5,000 cash assurance for?
What happens if I start grading without a permit in Kenosha?
Sources & Official References
Other rules in Kenosha
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